Pappu Singh @ Braj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35314 of 2022 Arising Out of PS. Case No.-172 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== PAPPU SINGH @ BRAJ KISHORE SINGH S/O LATE UMASHANKAR SINGH Resident of Village- Panapur, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62438 of 2022 Arising Out of PS. Case No.-172 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== KUNAL SINGH S/O LATE DIWAKAR SINGH Resident of VillagePanapur, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 35314 of 2022) For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 62438 of 2022) For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, the husband of the

Patna High Court CR. MISC. No.35314 of 2022(3) dt.15-02-2023 2/3 informant was shot by the accused persons. It is stated that on the informant reaching her husband, he disclosed the names of six accused persons as also three others who were involved in the occurrence.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. No one is eye witness of the present occurrence. His name transpired in course of investigation in the confessional statement of co-accused before the police, their names have been dragged in the present case. Similarly situated other accused persons have already been granted bail by another Bench vide order dated 27.09.2021 passed in Cr. Misc. No. 17406 of 2021 and vide order dated 30.09.2021 passed in Cr. Misc. No. 22695 of 2021. Petitioners are languishing in judicial custody for about a year.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.35314 of 2022(3) dt.15-02-2023 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 172 of 2020.

(Sunil Kumar Panwar, J) sushma/- U